Please read the following Terms and Conditions carefully. These Terms and Conditions define the Webmaster Program pursuant to which
Ken Marcus Studios, Inc., a California corporation, doing business as
Ken Marcus's Mega Site ("KMSI"), has agreed to pay YOU to provide Web traffic to a web page or pages to be specified by
KMSI ("KMSI Target Page(s)").
1. ACCEPTANCE OF TERMS AND CONDITIONS. YOU acknowledge that YOU have read, agree to abide by, and accept these Terms and Conditions, including as they may be amended from time to time. Ignorance of these Terms and Conditions is not an excuse for any violation.
2. MODIFICATION OF TERMS AND CONDITIONS. KMSI reserves the right to add to, delete from, or change these Terms and Conditions at any time. ALL ADDITIONS TO, DELETIONS FROM AND CHANGES OF THESE TERMS AND CONDITIONS ARE EFFECTIVE THREE (3) CALENDAR DAYS AFTER BEING MADE, WHETHER OR NOT ACTUAL NOTICE HAS BEEN GIVEN TO YOU UNLESS NOTICE IS REQUIRED ELSEWHERE IN THESE TERMS AND CONDITIONS! YOU are responsible for reading and complying with any changes that
KMSI may make to these Terms and Conditions from time to time. YOU can review the most current version of these Terms and Conditions at any time at:
3. ADMITTANCE / TERMINATION. KMSI reserves the right to deny YOU admittance into this Webmaster Program, or to terminate YOU from this Webmaster Program at any time for any reason. Also,
KMSI may terminate this Webmaster Program at any time for any reason.
KMSI will provide e-mail notification of denial of admittance or of termination. If
KMSI terminates for any reason other than a violation by YOU of these Terms and Conditions,
KMSI will pay to YOU any sums that have accrued to YOU under this Webmaster Program as of the date of termination.
4. VIOLATION OF TERMS AND CONDITIONS. Violation of any or all of these Terms and Conditions is grounds for termination and releases
KMSI from any payment or other obligation to YOU, regardless of whether the payment or other obligation has accrued or has not. In all cases,
KMSI shall be the sole determiner of whether a violation exists and may act on good faith suspicion alone.
5. AGE REQUIREMENT. In order to participate in this Webmaster Program, YOU must be over the age of 18 or of the legal age to view adult content in YOUR community.
6. UNITED STATES TAXES. United States residents and corporations, and foreign participants who are residents of the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-9 setting forth information including a United States Federal taxpayer ID Number or Social Security Number. Foreign participants who are not residents of the United States and who are not conducting a trade or business in the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-8BEN before any payment will be processed. Foreign participants who are not residents of the United States but who are conducting a trade or business in the United States, are required to provide a completed and signed United States Department of Treasury Internal Revenue Service Form W-8ECI before any payment will be processed.
7. PAYMENT FOR WEB TRAFFIC. KMSI will pay YOU for Web traffic to
KMSI Target Page(s) from a banner or link posted on web page(s) of YOUR
site(s) as follows:
7.1 YOU elect, upon YOUR initial commitment to this Webmaster Program, either to be paid a flat rate for each new
membership sign-up to the Ken Marcus Mega site that you bring to
KMSI or to be paid for the unique hits that you send to KMSI's Target
Page(s). Once made, this election cannot be changed.
7.2 If YOU elect to be paid a flat rate for each new membership sign-up to
the Ken Marcus Mega Site that you bring to KMSI, you will be paid Thirty United States Dollars (30
USD) per new Ken Marcus Mega Site membership sign-up that you bring to
7.3 If YOU elect to be paid for the unique hits that you send to
KMSI's Target Page(s), the amount KMSI will pay to YOU is determined by YOUR total Unique Hits and YOUR Conversion Rate during the Pay Period. Your payment will be calculated as follows: payment for a Pay Period equals the product of the Per Click Payout specified for YOUR Conversion Rate during the Pay Period, multiplied by the total number of Unique Hits YOU send to
KMSI's Target Page(s) during the Pay Period.
A "Pay Period" is defined as a two week period commencing on a Monday at 12:00 AM Pacific Time and ending two weeks later on a Sunday at 11:59 PM Pacific Time.
"Per Click Payout" is determined based upon YOUR Conversion Rate during the Pay Period as follows:
In the event that YOU have a Conversion Rate of less than 1.00 in any given Pay Period, YOU will be paid at a rate of Twenty United States Dollars (20
USD) for every sign-up during the Pay Period, instead of the calculation described above.
"Conversion Rate" is defined as the total number of new membership sign-ups to
the Ken Marcus Mega site that KMSI obtains from Unique Hits YOU send to
KMSI Target Page(s) from web page(s) of YOUR site(s), divided by the total number of Unique Hits YOU send to
KMSI Web Site(s) from YOUR site(s), multiplied by one thousand.
"Unique hits" is defined as clicks from an IP address not seen during the current current twenty-four (24) hour period measured from 10:00 PM Pacific Time to 9:59 PM Pacific Time.
7.4 KMSI reserves the right to change the payout calculation at any time with three (3) days written notice to YOU.
7.5 All payments are made by check in U.S. dollars. Payments are mailed on Fridays for the Pay Period ending on the immediately preceding Sunday. Payment will only be sent if the amount due to YOU is at least $100. Payment will be carried over from week to week until the amount due to YOU is at least $100. If YOU are a foreign, non United States resident participant, YOU may request that
KMSI withhold payment until the amount due is $300.00, $600.00 or $900.00 so as to incur lower banking fees.
7.6 YOU agree, by accepting and negotiating payment received from
KMSI, that the payment received is payment in full for any and all advertising space and traffic for the Pay Period to which the payment applies.
7.7 KMSI's log files will prevail in determining the number of Unique Hits.
KMSI will not pay for Web traffic generated by Java Scripts, hidden IMG SRC or any other falsification of hits.
7.8 More than five (5) hits from the same IP address in one Pay Period, or more than one (1) hit from a single IP address in a single day ("Excessive Hits") will not be counted as Unique. Excessive Hits is grounds for termination of YOUR participation in this Webmaster Program as a violation of these Terms and Conditions.
8. BANNERS AND ADS.
8.1 KMSI will provide YOU with a selection of banners and ads for use in this Webmaster Program. YOU may post as many of these banners on YOUR
site(s) as YOU wish
8.2 YOU may create banners or ads for use in this Webmaster Program, but YOU must obtain
KMSI's written approval of any such banners or ads prior to usage. There is no compensation for making banners or ads, and
KMSI reserves the right to post any banners or ads you create for use by other sites.
8.3 KMSI retains all copyright and ownership in the banners and ads provided by
KMSI, including all images therein. During the existence of this Agreement,
KMSI hereby grants to YOU the right to post banners and ads provided by
KMSI on YOUR web pages, solely in order to send traffic to KMSI
Target Page(s). Upon any termination of YOUR participation in this Webmaster Program, this grant of rights shall cease and YOU must immediately remove
KMSI's banners and ads from YOUR web pages.
8.4 YOU are not authorized to use KMSI's names and/or trademarks and/or logos and/or banners and ads for any other purpose.
9. PROHIBITED ACTIVITY.
9.1 Any and all practices that could reflect negatively on KMSI
are prohibited. All Web traffic sent to KMSI Target Page(s) must be voluntary and must originate from a Web page. Misleading text in connection with the banner, forced exit traffic, forced
click-throughs, and blind links, are all prohibited. Postings to newsgroups, bulletin boards, clubs, or IRC postings,or other postings, with links to
KMSI Target Page(s) are prohibited. Links from e-mail are prohibited, whether or not the e-mail constitutes
unsolicited commercial e-mail (UCE), commonly known as SPAM.
9.2 YOU are prohibited from sending any Web traffic to KMSI Target
Page(s) from any Web pages with any content, on the Web page or in its URL, that might infringe the rights of third parties, including but not limited to:
warez, password selling or trading, copyright or
tradmark or other intellectual property infringement, privacy or right of publicity infringement, use of another's name or a variation thereof without express consent. YOU are prohibited from sending any Web traffic to
KMSI Target Page(s) from any Web pages which violate any laws of a jurisdiction in which YOU or
KMSI is located, or which contain or promote, in any way, the following: obscene content, child pornography, bestiality, rape,
warez, password selling or trading, UCE or SPAM e-mails, copyright or tradmark or other intellectual property infringements, rights of privacy or publicity infringements, use of another's name or variation thereof without express consent.
9.3 YOU are prohibited from placing KMSI banners or ads on a "Circle Jerk" site or sending Web Traffic to
KMSI Target Page(s) from a "Circle Jerk" site. "Circle Jerk" is defined to include, but is not limited to, sites that hide or camouflage their entry button and/or links to their pictures, as well as any effort to hide the site's true content with the intention of tricking or encouraging browsers into clicking on banners.
9.4 YOU are prohibited from displaying KMSI Target Page(s) in a frame or similar device for displaying
KMSI Target Page(s) with other advertising or content.
9.5 YOU are prohibited from using KMSI's names and/or tradmarks and/or logos and/or banners and ads and/or other intellectual property in any unsolicited commercial e-mail
(UCE), commonly known as SPAM.
9.6 If YOU engage in any PROHIBITED ACTIVITY, or in any similar activity or practice to accomplish similar results, YOUR participation in this Webmaster Program will be terminated immediately as a violation of these Terms and Conditions.
KMSI shall be the sole determiner whether YOU have violated these Terms and Conditions.
10. WEB TRAFFIC FROM PASSWORD PROTECTED AREAS. YOU are required to provide a functional username and password to
KMSI, upon request, for all password protected URLs from which YOU have sent Web traffic to
KMSI Target Page(s). The username/password combination must remain functional throughout YOUR participation in this Webmaster Program.
11. NONRESPONSIBILITY FOR TECHNICAL PROBLEMS. KMSI will not be held responsible for any loss to YOU that is caused by computer server downtime resulting from complications with YOUR or our hosting equipment or technical errors.
12. ENTIRE AGREEMENT. These Terms and Conditions, along with the information provided by YOU about YOU and YOUR
site(s), shall constitute the entire agreement between YOU and
KMSI. The date of execution shall be the date on which YOU submit to
KMSI all identity, contact (address, telephone, fax, e-mail) and tax information requested by
13. APPLICABLE LAW; ARBITRATION. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, United States, which are applicable to contracts entered into and to be fully performed therein. Any dispute, controversy or claim relating to this contract shall be settled by arbitration in the Cities of Los Angeles or Culver in accordance with the rules and regulations governing commercial arbitration promulgated by the American Arbitration Association before a neutral
arbitrator(s) (i.e., individuals who, to the best of either party's knowledge, do not have a bias in favor of, or against, either party) having experience in matters involving Internet commerce. The decision of the arbitrators shall be final and binding on the parties, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any arbitration award shall include attorney's fees for the prevailing party.
14. LIMITED LIABILITY. Notwithstanding anything to the contrary contained herein,
KMSI shall not, under any circumstances, be liable to YOU for incidental, special, or punitive damages, including but not limited to lost profits, even if apprised of the likelihood of such damages occurring.
15. NOTICES. All notices which YOU are required hereto or may desire to give to
KMSI shall be in writing and shall be given either by personal delivery (which shall include by means of overnight delivery services), fax or e-mail or by registered or certified mail (postage prepaid), air mail if available. Such notices shall be
given on the date delivered, faxed, e-mailed, or, if mailed, on a date three (3) business days after the date of mailing if mailed in the United States or five (5) business days after the date of mailing if mailed outside of the United States. Until further notice, notices given to
KMSI shall be given as follows: Ken Marcus Studios, Inc., 11326 Ventura Blvd, Suite C Studio City, California 91604, Fax: 818-763-8492, e-mail:
email@example.com. Notices given to YOU shall be given to the contact information (address, fax, e-mail) provided by YOU upon
committing to this Webmaster Program, or such subsequent contact information YOU provide in writing to
KMSI with receipt acknowledged.
top of page